Соотношение международных договоров и внутреннего законодательства Республики Беларусь

Abstract

The author considers the problem of hierarchical relationship between international treaties and normative (regulation) acts of different levels in force on the territory of Belarus. This problem is of relevant importance because the legislation of the republic regulating this relationship is imperfect and contradictory and allows of various interpretations. The Constitution of Belarus does not contain any direct indication on the place of international treaties within the system of normative instruments of the republic. The norm can be found there, on the basis of which the Constitutional Court determines the conformity of the internal legislation of Belarus with the international legal instruments ratified by the Republic of Belarus. However, according to the author, this only shows the existence of two hierarchies of normative instruments in the country — one designed for the Constitutional Court (providing the precedence of the ratified international treaties over internal legislation) and the other for all other bodies and officials of the state (no precedence). Literal interpretation of the norms of some legislation in Belarus may lead to believe that international instruments rank equal to laws, edicts or decrees and do not carry absolute precedence over internal legislation norms. In case of conflict between normative legal acts of equal legal force, the provisions of the act adopted last are in effect. This interpretation logically presupposes that sometimes precedence can be given to a law, an edict or a decree absolutely, even if the relevant document had been signed before the international treaty came into force. Some laws of the republic contain indications on the precedence of international law norms over the corresponding norms of the legislation of the republic in some branches of law. It is evident, however, that the precedence of international l aw in these branches exists merely till another n ew normative instrument of greater legal force is adopted. The author notes that the legislation of the Russian Federation has taken a different route. Absolute precedence of international l aw norms is recognized in Russia. The author goes on to consider the correlation of laws, edicts and decrees. The Supreme Economic Court of the Republic determined that in case of conflict of decrees (edicts) and laws, decrees and edicts have precedence over laws. The author believes this to contradict the recognized norms of law, the system of separation of powers and the legislation currently in force in the republic and substantiates his point of v i ew by arguments. Summing up, the author comes to the conclusion about the necessity to perfect the legislation of the Republic of Belarus; he believes it necessary to give a clear definition of the hierarchical correlation of the legislative acts of the republic and points out the substantial difference between the legal norms of the Republic of Belarus and the Russian Federation on the issue of determination of the legal force of an international treaty as a source of law.